If the Father refused to sign the acknowledgment of paternity can he later come back and demand a paternity test so he may get full/partial custody? I dont beleive since he is not on the birth certificate that he does not have legal rights at all.
Please dont get me wrong, I dont want to keep my child from his father. I just dont beleive he is mentally stable to be around us and I can support my son on my own. I am not after money, I just want him out of my life. With him it is not about his Son, it is about a fight for control and he is constantly threatning me. I just think he should seek mental help befor trying to be in our lives. He is just a dirty fighting vile man and I want to know how far he can take it if I dont file for child support.
2007-01-04 15:14:57 · 12 answers · asked by Kelly K 2 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
Sadly yes. But, he will have to show up in court to make the demand. Do get a lawyer. Do not get emotional. Keep a cool head especially in front of the judge. If the ex shows up without a lawyer in most cases he will lose. In my experience the every one of the family courts will always seek what is best for the child. I've been a bailiff for five years and two years in family law courts in Texas. Let the judge see your family or support group in the gallery; the more the better. Best of luck for your child.
2007-01-04 15:27:04 · answer #1 · answered by Rick F 2 · 0⤊ 0⤋
He unfortunately does have the right to request a paternity test but only through the courts. Meaning he would have to get a court order. In the meantime, if he is really that unstable and you really want to prevent him from being around you, take this as the perfect opportunity to move. I suggest out of state because the laws may be slightly different and it would also be harder for him to contact/find you. It might be hard for you at first but sometimes you have to do what you have to do.
But if you stay, be prepared that he has every right to see that baby at anytime. And if I'm not mistaken, say he gets to hold the baby for even in a minute, at the moment he can refuse to give the child back because you have no child visitation/custody in order yet. He may not be on the birth cert but he IS the biological father and that still gives him rights.
2007-01-04 15:24:04 · answer #2 · answered by RitzFitz29 5 · 0⤊ 0⤋
First off sorry to here about your situation, but you obviously didnt know this guy before you had sex (unless raped then sorry for that also) which for obvious reasons (knowing him) is a good thing before you start sleeping together.
Second; sure he can request a paternity test even if he is not on the birth certificate, I would make him pay for it and they are expensive.
Third; Get a restraining order from the court house if you feel you or your newborn are in danger from this mentally unstable person.
and sorry to say but he can fight for rights to see the baby if he is the biological father unless you get the restraining order.. Good Luck in your ordeal I wish you the best of luck
Congrats on the Baby by the way
2007-01-04 15:22:58 · answer #3 · answered by Laura J 2 · 0⤊ 0⤋
Well, he'd have to be willing to pay up for a start, but yes he could ask for a test in Texas.My son's biological father did after he found out I had married and my sons stepfather wanted to adopt him. I never felt this guy was suitable to be around my son either, which was why I left him, but once he was in his life I have just tried to make the best of it. My son is 12 now, he knows bio dad is sort of messed up, but he feels a connection to him, so I am as polite and accommodating as possible.But he does have to pay support and provide health insurance.
2007-01-04 15:24:54 · answer #4 · answered by trishopesisters 3 · 0⤊ 0⤋
If he refused to sign then I don't think you have anything to worry about.....but...to be on the safe side talk to an attorney, get a free consultation. It will ease your state of mind and give you an idea on what the next step should be. If the attorney says he doesn't have a leg to stand on then stop worrying and put a restraining order....or order of protection whatever you wanna call it....on him.
2007-01-04 15:21:02 · answer #5 · answered by BabyGirl 3 · 0⤊ 0⤋
Yes, he does have the rights through the court system. You acknowledge the paternity though so I would think that denying it in a court of law would be illegal.
2007-01-05 00:49:40 · answer #6 · answered by KathyS 7 · 0⤊ 0⤋
I don't have all the legal details here in front of me. But, I'm in Texas and have a friend fighting similar (though different) issues.
If you don't get a good answer tonight, drop me a line and I will try to track down the dirt. (I'd email you, but your Answers profile doesn't allow it.)
2007-01-04 15:19:59 · answer #7 · answered by David G 5 · 0⤊ 0⤋
MOVE! I'm not kidding. Move away while he still has no control. I've heard some pretty @$$ backwards thinking about the state of Texas, and I would not chance it if this guy is the powder keg you describe.
Your job is to keep you and your child safe...everything else can be sacrificed.
2007-01-04 15:23:48 · answer #8 · answered by Anonymous · 0⤊ 1⤋
yes he can come back to ask for a paternity test...as much as you dont want it, it can happen...get you a good lawyer
2007-01-04 16:25:30 · answer #9 · answered by sweet_n_sassy815 1 · 0⤊ 0⤋
This situation is too important not to have a lawyer.
Get one. It's the only way to protect yourself and your child.
2007-01-04 15:17:34 · answer #10 · answered by blue.green_eyes 5 · 0⤊ 0⤋